THE MINISTRY OF TRADE
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 01/1998/TM-XNK
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Hanoi, February 14,
1998
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CIRCULAR
THE IMPLEMENTATION OF PRIME MINISTER'S DECISION
No.11/1998/QD-TTg OF JANUARY 23, 1998 ON THE 1998 EXPORT AND IMPORT MANAGEMENT
MECHANISM AND DECISION No.12/1998/QD-TTg OF JANUARY 23, 1998 ON THE 1998 RICE
EXPORT AND FERTILIZER IMPORT MANAGEMENT
On January 23, 1998 the Prime Minister issued
Decision No.11/1998/QD-TTg on the 1998 export and import management mechanism
and Decision No.12/1998/QD-TTg on the 1998 rice export and fertilizer import
management;
Pursuant to the provisions of these Decisions and the results of the export and
import management activities in 1997;
The Ministry of Trade hereby guides the implementation of these Decisions as
follows:
I. ON THE LISTS OF EXPORT AND
IMPORT GOODS
The list of goods banned from export or import,
the list of goods managed by quotas, the list of export and import goods
subject to specialized management and the list of export and import goods to be
balanced against the domestic production and demand shall comply with
Appendices 1, 2, 3 and 4 attached to Decision No.11/1998/QD-TTg of January 23,
1998 of the Prime Minister.
II. ON THE GOODS EXPORT AND
IMPORT MANAGEMENT
Regarding the 1998 goods export and import
management prescribed in the Prime Minister's Decisions No.11/1998/QD-TTg and
No.12/1998/QD-TTg of January 23, 1998, the Ministry of Trade hereby provides
more concrete guidance for implementation as follows:
1. On the rice export:
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The provincial/municipal People's Committees
shall, upon receiving the Ministry of Trade's decision, have to immediately
allocate quotas to enterprises for fulfillment and notify the Ministry of Trade
and the concerned ministries as well as branches thereof for the coordinated
management. Subjects entitled to be given quotas shall be enterprises engaged
in direct rice export in the localities, including members of the Southern Food
Corporation; State enterprises having goods sources and markets for entrusted
export and foreign-invested enterprises in provinces and cities;
In cases where State enterprises (outside the
list of designated enterprises) with licenses for food or farm produce export
and/or import find new markets and sign contracts with lucrative commercial
terms and prices, the agencies directly managing these enterprises (ministries,
branches and provinces) shall propose the Ministry of Trade to consider and
allow such enterprises to perform contracts on the case by case basis.
1.2. On the export rice produced in the North
and Central Vietnam: The export of rice produced in the North and Central
Vietnam shall be further encouraged in 1998. Enterprises of all economic
sectors which have licenses for the export and/or import of food, agricultural,
forest and aquatic products and have found customers and markets shall be
permitted to directly export (rice). During the process of transaction for the
signing of export contracts, the enterprises should notify the Ministry of
Trade of their estimated export volume, the delivery time limit, the types of
rice, the prices, the loading port and the mode of payment so that the latter
can provide guidance for the implementation. The customs office shall carry out
the export procedures for the enterprises on the basis of written consents from
the Ministry of Trade.
1.3. On the designated export enterprises: In
addition to the enterprises already engaged in direct rice export in 1997 and
those designated by the Prime Minister in Decision No.12/1998/QD-TTg (the
Saigon General Trade Corporation, the Red Flag Agricultural Farm of Can Tho
province, the Central Agricultural Supplies Corporation and the Grain Export
and Import Company); at the conference on rice export and fertilizer import
held in Ho Chi Minh City on February 5, 1998, the Prime Minister decided to add
two more designated enterprises: one of An Giang province and one of Ho Chi
Minh City.
For non-State enterprises which are
rice-producing cooperatives and rice-processing enterprises in the Mekong River
delta provinces, the provincial People's Committees are requested to recommend
them, based on the following criteria:
- Having food business registration certificates
and having been engaged in food business activities for two years or more;
- Being capable of mobilizing capital for the
export of at least 5,000 tons of rice/shipment;
- Having healthy financial status;
- Having establishments processing rice of
export quality.
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1.4. Regarding the export market: Regarding
markets (Iran, Iraq, the Philippines, Malaysia, Indonesia), previously assigned
to a number of enterprises; if now, except for contracts performed under the
Government's order, other designated enterprises sign contracts with lucrative
commercial terms and prices, they shall be entitled to export rice directly or
through a third party to these markets.
1.5. Regarding the export procedures: The
customs office shall base itself on the notice of the enterprises' names, their
allocated quotas, export contracts and L/C (except for cases of goods exchange
or payment by TTR) to carry out rice export procedures for enterprises, without
requiring any other documents.
2. On the fertilizer import:
Pursuant to Decision No.12/1998/QD-TTg of
January 23, 1998 of the Prime Minister, the Ministry of Trade issued on January
26, 1998 Decision No.0089/TM/XNK on the allocation of the 1998 fertilizer
import quotas and sent it to the provincial/municipal People's Committees and
the centrally-run enterprises.
2.1. Fertilizer importing enterprises: The list
in Appendix 2 attached to this Circular includes 35 designated enterprises:
If there is a need to change designated import
enterprises, the concerned provincial People's Committees shall notify in
writing the Ministry of Trade, the Bank, the Customs Office, the Ministry of
Finance and the Ministry of Planning and Investment thereof for coordinated
management.
2.2. The provincial/municipal People's
Committees are requested to immediately allocate quotas to the enterprises (as
specified in Appendix 2 attached to this Circular), so that the latter can
proceed with the import of urea, SA, DAP, NPK and KALI fertilizers according to
quotas mentioned in Decision No.0089-TM/XNK of January 26, 1998 at the time
suitable to the Summer-Autumn crop, Autumn crop and Winter-Spring crops in
northern, central and southern Vietnam, then notify the Ministry of Trade and
the concerned ministries and branches for coordinated management.
The deadlines for imported fertilizers to arrive
at the Vietnamese border-gates:
- For the Summer-Autumn crop: by June 30, 1998
at the latest;
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- For the Winter-Spring crop: by March 31, 1999
at the latest.
Within 45 days before the above-said deadlines,
if any enterprise is still unable to fulfil the fertilizer import quota
allocated to it, it shall have to immediately report to the
provincial/municipal People's Committees or the Ministry of Trade and the Ministry
of Agriculture and Rural Development for a timely allocation of such quota to
other enterprise(s).
2.3. The enterprises allocated with import
quotas must import fertilizer in full assigned volumes, through prescribed
border-gates and at the prescribed time. In case of a need for any adjustments,
there must be approval from the Ministry of Trade.
2.4. Non-State enterprises shall be considered
and permitted to participate in the import of fertilizers if they fully meet
the following conditions:
- Having export and import business licenses
that cover the import of fertilizers and supplies in service of agricultural
production.
- Having fertilizer supply networks established
in accordance with law.
- Having healthy financial status; being capable
of mobilizing capital and making payment for the import of at least 50,000 tons
of fertilizer per year.
Any enterprise meeting the above-mentioned
conditions shall submit its dossier to the Ministry of Trade, including:
- The written request of the enterprise.
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- The report on its domestic fertilizer supply
system (with certification of its superior management agency).
- The export and import business licenses
(notarized copy).
2.5. In the first week of every month, the
enterprises shall have to send their reports on the previous month's import
activities to the Ministry of Trade and the Ministry of Agriculture and Rural
Development.
3. For the import of steel, cement of various
kinds, paper, glass, refined sugar, raw material crude sugar by domestic
enterprises, the Ministry of Trade, the Ministry of Planning and Investment,
the Ministry of Agriculture and Rural Development, the Ministry of Industry and
the Ministry of Construction have reached the following agreement:
3.1. For cement:
a/ The 1998 black cement import demand is
estimated at 200,000 tons.
To assign the Sao Mai joint venture company to
import 50,000 tons of unpacked cement for operation of Cat Lai station.
The remaining 150,000 tons shall be imported
only when there appear new demands on the basis of the proposal of the Ministry
of Construction and the joint management by the Ministry of Trade, the Ministry
of Planning and Investment and the Ministry of Construction.
b/ Cement of other kinds shall be imported
according to production and business demands by the enterprises in line with
their export-import licenses; the import procedures shall be carried out at the
customs offices.
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a/ The 1998 glass import demand: 2.5 million m2
of white plain construction glass of 2-7 mm thick, the Ministry of Trade
allocates the import quotas as follows:
+ The enterprises under the Ministry of
Construction shall import 1.5 million m2.
+ The enterprises having licenses for the export
and import of goods of appropriate lines and under the management of localities
and other ministries and branches shall import 1 million m2.
b/ Glass of other kinds shall be imported
according to production and business demands by the enterprises having licenses
for the export and/or import of goods of appropriate lines; the import
procedures shall be carried out at the customs office.
3.3. For paper:
Enterprises having licenses for the export
and/or import of goods of appropriate lines shall be entitled to import paper
of various kinds according to their production and business demand; the import
procedures shall be carried out at the customs office. Particularly, paper of
the following kinds shall not be imported in the immediate future:
- Newsprint;
- Writing paper and normal printing paper (not
yet surface-processed), including paper of kinds with such trade names as
offset, woodfree, photocopy and other trade names, weighing from 50 g/m2 to 80
g/m2.
- Packing paper, including board and flat
carboard with the following major technical specifications:
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+ A maximum press resistance of 14 kgf.
3.4. For sugar:
- The 1998 sugar import demand is estimated at
around 80,000 tons of sugar of various kinds, in which:
+ Crude sugar to be used as raw materials for
sugar refineries: in the immediate future, to import some 60,000 tons, the
Ministry of Agriculture and Rural Development shall designate its attached
enterprises to import such volume not later than August 30, 1998.
+ The Ministry of Trade shall manage the import
of 20,000 tons of RE sugar when the market demands after consulting the
Ministry of Planning and Investment and the Ministry of Agriculture and Rural
Development.
3.5. For steel:
a/ Enterprises having licenses for the export
and/or import of goods of appropriate lines shall be entitled to import steel
according to their production and business demand. The import procedures shall
be carried out at the customs offices.
Particularly, steel of categories specified in
Appendix 5 attached to this Circular shall not be imported in the immediate
future.
b/ The import of steel waste and scraps and
steel from dismantled old vessels must be approved by the Ministry of Industry.
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In Addition To Goods Items Banned From Import As
specified in Point 9, Section II of Appendix 1 attached to Decision
No.11/1998/QD-TTg of January 23, 1998 of the Prime Minister, pending consents
from the concerned branches, the following items shall not be imported in the
immediate future:
- Tourist cars of 12 seats or less, motorized
two-wheelers and three-wheelers (in complete units or SKD form).
- Used engines of automobiles, motorcycles and
motor tricycles.
- Motorcycle frames (excluding frames imported
in complete units in CKD or IKD forms).
- Dashboards, chassis and chassis mounted with
engines (new ones) of automobiles of the kinds subject to special consumption
tax (excluding those imported in complete units in CKD or IKD forms).
- Used ambulance cars.
- Cargo-cum-passenger automobiles.
The import of other types shall be managed as
follows:
a/ For automobiles in complete units of various
kinds: passenger cars, trucks and other new or used left-hand drive
automobiles. The import of used automobiles must ensure technical criteria
under the current regulations of the Ministry of Science, Technology and
Environment. New ambulance cars shall be imported only for transport of
patients of hospitals and healthcare establishments, they shall not be used for
other purposes. The enterprises having licenses for the import and/or export of
goods of appropriate lines shall be entitled to import automobiles of the
above-mentioned kinds in complete units according to their production and
business demand. The import procedures shall be carried out at the border-gate
custom offices.
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c. Domestic enterprises which have invested in
the manufacture and assembly of motorbikes with IKD components, have obtained
consents from the manufacturers (their foreign partners) and the Ministry of
Science, Technology and Environment (or the agency authorized by that Ministry)
and have been granted licenses to import IKD components in 1997 by the Ministry
of Trade shall submit their plans for import of components for the whole year
to the Ministry of Trade for approval.
- For other domestic enterprises having projects
for investment in the manufacture and assembly of motorbikes in the IKD form,
the Ministry of Trade shall, after consulting the concerned ministries and
branches, issue a circular detailing the implementation.
5. The import of liquor:
Pending a separate guiding circular of the
Ministry of Trade, in the immediate future, the import of liquor shall be
subject to the 1997 management mechanism.
6. The export of coffee and rubber: shall, in
the immediate future, be conducted in accordance with the 1997 management
mechanism.
7. The import of used equipment and machinery:
Enterprises having licenses to export and/or import of goods of appropriate
lines shall be entitled to import used equipment and machinery in accordance
with the regulations of the Ministry of Science, Technology and Environment and
the specialized management agency (if any); the import procedures shall be
completed at the customs offices without having to obtain permission from the
Ministry of Trade. Particularly, the import of equipment in complete sets and
separate equipment with State budget capital shall comply with Decision
No.91-TTg of the Prime Minister.
III. IMPLEMENTATION PROVISIONS
The Ministry of Trade urges the ministries, the
ministerial-level agencies, the agencies attached to the Government, the
People's Committees of the provinces and cities directly under the Central
Government and the central committees of the mass organizations to announce
this Circular to enterprises under their respective management for
implementation, and at the same time report to the Ministry of Trade on matters
arising in the course of implementation for timely and appropriate adjustments.
This Circular takes effect from the date of its
signing to March 31, 1999.
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FOR THE MINISTER OF
TRADE
VICE MINISTER
Nguyen Xuan Quang
APPENDIX 1
THE 1998 RICE EXPORT QUOTAS
(Attached to Circular No.01/1998/TM/XNK of February 14, 1998 of the Ministry
of Trade)
Ordinal number
Areas
Allocated quotas
A
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2,520
1
An
Giang province
450
2
Can
Tho province
330
3
Dong
Thap province
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4
Long
An province
210
5
Vinh
Long province
250
6
Kien
Giang province
130
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Tien
Giang province
270
8
Tra
Vinh province
150
9
Soc
Trang province
120
10
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70
11
Ca
Mau province
30
12
Ben
Tre province
20
13
Thai
Binh province
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14
Ho
Chi Minh City
120
B
CENTRALLY-RUN
ENTERPRISES
1,080
15
The
Southern Food Corporation
620
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The
Northern Food Corporation
300
17
Export
and Import Company - Gedosico (under the Ministry of Trade)
100
18
The
Central Agricultural Supplies Corporation
30
19
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30
Total
3,600
APPENDIX 2
THE LIST OF DESIGNATED ENTERPRISES FOR 1998
FERTILIZER IMPORT
(Attached to Circular No.01/1998/TM/XNK of February 14, 1998 of the Ministry
of Trade)
1. Long An Ladfeco Company Long An province
2. Long An Food Company -
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4. General Export-Import and Trade Company -
5. An Giang Food Company An Giang province
6. Tien Giang Food Company Tien Giang province
7. Vinh Long Food and Foodstuff Company Vinh
Long province
8. Vinh Long Export-Import Company -
9. Tra Vinh Export-Import and Food Company Tra
Vinh province
10. Soc Trang Food and Foodstuff Company Soc
Trang province
11. Can Tho Food Company Can Tho province
12. Song Hau Agricultural Farm -
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14. Ca Mau Agricultural Produce and Foodstuff
Export-Import Company Ca Mau province
15. Dong Nai Agricultural Supplies Company Dong
Nai province
16. Hai Phong Hachimex Company Hai Phong city
17. Hanoi Ha Anh General Supplies Company Hanoi
City
18. Nghe An Agricultural Supplies Company Nghe
An province
19. Thanh Hoa Export-Import Company Thanh Hoa
province
20. Quang Nam-Da Nang Agricultural Quang Nam
province
21. Daklak Export and Import Investment Company
Daklak province
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23. Binh Dinh Agricultural Supplies Company Binh
Dinh province
24. Grainco Company The Ministry of Agriculture
25. The Southern Food Corporation and Rural
Development
26. The Northern Food Corporation -
27. The Vietnam Coffee Corporation -
28. The Vietnam Rubber Corporation -
29. Vigecam Corporation -
30. General Export and Import Company No.3 The
Ministry of Trade
31. Vietnam Chemicals Corporation The Ministry
of Industry
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33. One company of Nam Dinh province Nam Dinh
province *
34. One company of Gia Lai province Gia Lai
province *
35. Sai Gon Agriculture Corporation Ho Chi Minh
City
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* Added designated enterprises in 1998 under
Decision No.12/1998/QD-TTg
APPENDIX 5
THE LIST OF STEEL CATEGORIES BANNED FROM IMPORT IN
1998
(Attached to Circular No.01/1998/TM/XNK of February 14, 1998 of the Ministry
of Trade)
1. Construction plain steel rods of from 6 mm to
40 mm in diameter
2. Construction barbed steel rods (nodded,
stripped, veined, twisted) of from 10 mm to 40 mm in diameter
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4. Steel of various kinds of C (U)- and I
(H)-shape, under 120 mm
5. Welded steel pipes and tubes: black or
zinc-plated, of from 14 mm to 115 mm in diameter
6. Flat zinc-plated steel sheets, of 0.25 mm to 0.55
mm thick and up to 3,500 mm long, corrugated zinc-plated steel sheets and
corrugated steel sheets plated with non-ferrous metals
7. Steel wire of various kinds: black and soft,
black and hard, zinc-plated wire, barbed wire and B40 lattice.-
FOR THE MINISTER OF
TRADE
VICE MINISTER
Nguyen Xuan Quang